Too much savings to touch the RSA: when the departments invent illegal criteria

Too much savings to touch the RSA: when the departments invent illegal criteria

This is the social minimum that is granted to those who have no income: the RSA is managed by the departments, but all departments apparently do not have the same criteria. So some refuse it to those who have savings.

The eye of the 20 hours - September 28, 2020

When you are without resources, you can apply for the active solidarity income, the RSA. But the departments, which fund most of this aid, have for some invented new criteria. They control the savings of applicants, and those with a little too much money are deprived of RSA. Except it’s illegal.

In the Channel, The eye of the 20 o’clock met a former employee, now in difficulty. In recent years, he has chained the CDD, before unemployment, and the coronavirus crisis. Today hosted by relatives, he was entitled to 400 euros of RSA per month … until this letter from the departmental council: “The amount of capital currently held by your household exceeds 23,000 euros, you will no longer receive this allowance”.

At issue: his savings. For him, precautionary savings: “jhave less than 30,000 euros. I have the impression that I am being punished. I am being taken away from the only help the government finally gave me. ”

An “illegal deliberation”

No RSA for those who have more than 23,000 euros in savings. As revealed by Mediapart, this rule was adopted by the Manche departmental council in June 2016. Since then, 444 recipients of the department have been deprived of RSA because they had too much savings account.

One of them seized the administrative court two years ago, with Nicolas Toucas, his lawyer. The judge qualified as “illegal” the deliberation of the department, in a decision confirmed by the Council of State last November. Departments have no legitimacy, summarizes Me Nicolas Toucas. They do not have the power to make this type of decision. There is no room for doubt. ”

Another department, Eure, had decided to ban RSA to all those who have more than 9,670 euros. But he quickly changed his mind, as a member of the community tells us: “We never set up this deliberation because by digging legally, we realized that it did not hold, this thing.”

A savings ceiling in force in four departments

In all, eight departments admit to having taken similar deliberations. But only four – two from the right (Manche and Orne), and two from the left (Pyrénées-Orientales and Hérault), continue to apply them today, despite the decision of the administrative judge.

In La Manche, for the president (LR) Marc Lefèvre, his deliberation is good, it is the law that should be changed. I consider it not necessarily illegal; I believe it is free appreciation and administration of communities. Or at that point, let’s consider that the RSA is a state competence and the state takes back control! ”

As long as this deliberation qualified as illegal by Justice has not been canceled, it is up to each disqualified beneficiary to seize the administrative judge to assert his rights … And to use his savings to pay for a lawyer.